What specific content does trademark right include?
The rights of the trademark owner mainly include the exclusive right to use the Registered trademark, the right to prohibit, the right to transfer, etc.
(1) Exclusive right of use
The exclusive right to use is the most important content of trademark rights. The most basic core rights in trademark rights. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use.
The exclusive right to use is relative and can only Use within the scope provided by law. The "Trademark Law" stipulates: "The exclusive right of a registered trademark is limited to the trademark approved for registration and the goods approved for use." That is to say, a registered trademark can only be used on the goods or services approved at the time of registration, and not on similar goods or services. goods or services; the trademark owner is also not allowed to change the sign that constitutes the registered trademark without authorization, nor is it allowed to use a trademark that is similar to the registered trademark. "
(2) Right to prohibit
Prohibition Rights refer to the right of the owner of a registered trademark to prohibit others from using the same or similar trademarks for the same or similar goods or services without his permission. Trademark rights have the same attributes as property ownership, that is, they are not protected by others. The exclusivity of interference is embodied in prohibiting others from illegally using, printing registered trademarks and other infringements. It can be seen that exclusive use rights and prohibition rights are two aspects of trademark rights.
The difference between the right to use and the right to prohibit is that they have different scopes of effect. Use The right involves the registrant's use of a registered trademark, and the right of prohibition involves resisting others from using a registered trademark without his permission. According to the provisions of the Trademark Law, the registrant's exclusive right to use is based on the approved registered trademark. and products approved for use.This is Said that registrants are subject to two restrictions when exercising their right to use:
First, it is limited to products approved for use by the trademark authority and cannot be used for other similar products;
Second, it is limited to the words and graphics approved for registration by the trademark authority, and similar words and graphics cannot be used beyond the scope of approval. However, the scope of the right to prohibit is different. , the registrant has the right to prohibit others from using the same or similar trademarks on the same goods or similar goods without permission.
That is to say, the effect of the right of prohibition involvesand the following four situations:
First, in Use the same trademark on the same kind of goods;
2. Use similar trademarks on the same kind of goods;
Third, use the same trademark on similar goods;
Fourth, use similar trademarks on similar goods.
(3) Permission rights
Licensing right means that the registered trademark owner signs a licensing contract to license the right of others to use its registered trademark. Licensed use is a way for trademark owners to exercise their rights. The licensor is the owner of a registered trademark. According to the contract, the licensee has the right to use the registered trademark within the scope and time stipulated in the contract after paying the trademark usage fee. In essence, the online service and licensing system has positive significance for enterprises to develop horizontal alliances, give full play to their advantages, expand the production of brand-name goods, activate circulation, meet consumer needs, and improve social and economic benefits.
(4) Transfer right
Transfer refers to the act of a registered trademark owner transferring his trademark rights to others in accordance with certain conditions and in accordance with the law. Transferring trademark rights is a way for the trademark owner to exercise his rights. Transferring trademark rights Afterwards, the transferee obtains ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark, that is, the trademark right is transferred from one subject to another. To transfer a registered trademark, both parties should sign a contract and submit a joint application to the Trademark Office The application will be valid only after it is approved and announced by the Trademark Office.
The above is the content of trademark rights compiled by the editor of Legal Savior Network for your reference. The main role of trademark rights is to maintain order in industrial activities. The trademark authority grants the trademark owner its registered trademark in accordance with the law, and is subject to the law. Protected. Our website also provides professional lawyer services. If you need it, you are welcome to consult online.
